North America

Three Lewis Rice Attorneys Named 2019 “Lawyer of the Year” by Best Lawyers in America®

Best Lawyers in America® has named Lewis Rice members Craig S. Biesterfeld, Joseph E. Martineau, and Charles F. Miller among its “Lawyers of the Year” for 2019. Best Lawyers compiles lists of outstanding attorneys by conducting exhaustive peer-review surveys in which thousands of leading lawyers confidentially evaluate their professional peers. Only one attorney in each practice area and designated metropolitan area may receive the honor of “Lawyer of the Year.”

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Sixth Circuit Rejects Argument That FLSA Bars Individual Arbitration Agreements

Three months ago, the United States Supreme Court issued its decision in Epic Systems Corp. v. Lewis, holding that the National Labor Relations Act (“NLRA”) does not prevent the use of arbitration agreements with class and collective action waivers covered by the Federal Arbitration Act (“FAA”). (See our discussion of Epic here.) The Court of Appeals for the Sixth Circuit has now similarly concluded in Gaffers v. Kelly Services, Inc.that the Fair Labor Standards Act (“FLSA”) does not bar such arbitration arrangements. While this is not a surprising outcome in light of the Supreme Court’s ruling, the decision underscores the influence that Epic has had and will continue to have as courts evaluate efforts to evade promises to arbitrate.

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Andrés José Hernández Lossada Listed in Legal Week’s Private Client Global Elite

Andrés José Hernández Lossada was selected in Legal Week’s Private Client Global Elite: ‘Ones to Watch’ 2018.

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56 Lewis Rice Attorneys Named in The Best Lawyers in America®

Lewis Rice is pleased to announce that 56 attorneys have been named to the 2019 Best Lawyers in America® annual list. We would also like to recognize Charles F. Miller, Craig S. Biesterfeld, and Joseph E. Martineau for being honored as Best Lawyers’ “Lawyers of the Year” for 2019. Click here to read more about the “Lawyers of the Year.”

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Antitrust Safety Zone for Mergers Involving Small Hospitals

Statement 1 of the Statements of Antitrust Enforcement Policy in Health Care recognizes that small hospitals, particularly those in rural areas, may be unable to achieve cost savings through efficiencies, such as those that could be achieved by larger hospitals. Statement 1 also notes that, in many cases, a small rural hospital may be the only hospital in the relevant geographic market. As a result, Statement 1 provides an antitrust safety zone for mergers involving small hospitals; the antitrust enforcement agencies will not challenge transactions involving these small hospitals, “absent extraordinary circumstances.”

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Minnesota: High court strikes down tax on trust income from the sale of shares in Minnesota corporation

The Supreme Court of Minnesota recently struck down the State Tax Commissioner’s attempt to impose an income tax on trust income from the sale of shares in a Minnesota corporation.  The Court issued its opinion in Fielding v. Commissioner of Revenue on July 18, 2018, finding that the tax violates constitutional due Process protections against extraterritorial taxation.

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Neil P. Di Spirito Joins Epstein Becker Green, Further Strengthens Firm’s FDA Capabilities

Washington, DC (August 16, 2018) – Epstein Becker Green (EBG) is pleased to announce that Neil P. Di Spirito, an attorney with more than two decades of experience advising pharmaceutical, medical device, biologic, and life sciences clients on compliance with U.S. Food and Drug Administration (FDA) regulations, has joined as a Member of the Firm in the Health Care and Life Sciences practice in the District of Columbia and Florida.

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‘No oral modification clauses – firmly set in stone’

MWB Business Exchange Centres Ltd v Rock Advertising Ltd

The case of MWB Business Exchange Centres Ltd v Rock Advertising Limited saw the Supreme Court make a ruling on a fundamental issue in the law of contract.  It held that a clause in a contract that required modifications to that contract in writing and signed by the parties invalidated a subsequent oral agreement to amend the contract.

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Episode 17: The role of fiduciaries

On the 17th episode of MH Business Exchange, host Mike Witzke talks with McDonald Hopkins trust and estate attorney Roger Shumaker about fiduciaries: Who are they, what do they do, and how do they act?

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Periodical look at our Business Law Group’s activity

M&As, Financing and Business Transactions

Assisting a Canadian-based supplier of apparel, accessories and other merchandise, together with its affiliates, in concluding an Amended and Restated Credit Agreement with its bank. (Sharon G. Druker)

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